How are Non-Subscriber and Workers' Compensation Claims Different?

 Posted on February 28, 2022 in Work Accidents

You are probably familiar with workers’ compensation. It is a specialized type of insurance that most employers pay for so that if a worker gets injured on the job, the insurance company pays the claim. In most states, workers’ compensation insurance is mandatory for most employers to carry. This is not the case in Texas. Some Texas employers opt-out of purchasing this type of insurance. These employers are referred to as non-subscribers. Should an employee of a non-subscriber become injured at work, the company itself may be liable to their injured employee. However, rather than simply filing a claim with an insurance company, you may need to take your employer to court. If you got hurt at work and your company does not carry workers’ compensation insurance, you should prepare for a potential lawsuit and contact an attorney immediately. 

How is the Claims Process Different if my Employer is a Non-Subscriber?

Getting compensation for your workplace injury can be somewhat more difficult. You will most likely need help from a qualified attorney, as the process can be difficult to navigate and may require litigation. However, if your litigation is successful, there are a few distinct advantages of working for a non-subscriber. 

Some key differences include: 

• Procedure - With workers’ compensation, if your claim is initially denied, you would use an administrative appeal. While not necessarily easy, administrative appeals are simpler than the lawsuit you will need to file if your non-subscriber employer denies you compensation. 
• Fault - In a workers’ compensation claim, it matters little who was technically at fault so long as the injury happened at work. To get compensation from a non-subscriber, you will need to prove that your employer itself was at fault. The good news is that your employer need only be very slightly at fault. 
• Long-term damages - Here is where those who work for non-subscribers start to have an advantage. Workers’ compensation only covers medical bills and about 70% of your lost short-term wages in most cases. There is no long-term coverage for those who become disabled and cannot return, except in some cases of catastrophic injury. On the other hand, if you win a lawsuit against a non-subscriber, you could be compensated for any lost earning capacity due to lasting disability after a workplace injury. 
• Types of damages - In a workers’ compensation claim, there is no compensation available for pain and suffering, nor are punitive damages available even if your employer was grossly negligent or reckless about worker safety. If your employer is a non-subscriber, however, those types of compensation are back on the table. 

As you can see, there are advantages and disadvantages of working for both types of employers. 

Call a Dallas County Workplace Injury Attorney

If you were hurt at work, Jerry D. Andrews, P.C. can help with either type of claim. Our experienced Dallas workplace injury lawyers will strive to maximize the amount of compensation we recover for you. Call 214-221-5800 for a free consultation. 

Source:

https://www.tdi.texas.gov/wc/employer/cb007.html